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Submitted IMO Not Mentioned in Denial
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paulstrgn
I recently had the VA deny my SA and HTN (via Higher Level Review). The rater mentions the VA IMO as the one of the reasons for my denial, but does not mention the IMO I had submitted. Should the rater have mention my IMO in the decision?
I also do not understand how they say I did not have an event, disease, or injury in service. I was not treated for HTN while in the service but should have from 7/92 - 2/1995 my average blood pressure reading was 150/85 which was Stage 1 Hypertension (this was the old standards now it is considered Stage 2 Hypertension). I should not be penalized if the service failed to diagnose me for HTN (my IMO mentions that I was un-diagnosed for HTN in the service). When my claim I had submitted every blood pressure reading my medical records listed. The VA did not have an IMO stating I did not have HTN while in the service, apparently they only looked at my records.
The VAs IMO (which was written by a PA) for my SA states I do need a C-PAP but found no link for service connection that the cause was more likely due to age and a higher BMI. The two DBQs and one medical opinion lists reviewing my medical and the buddy letter (I had three, one from my last NCOIC, ex-wife and the last by my adult daughter) as well as my statement and that I more than likely did have SA while in the service. My IMO talks about me having HTN that was not diagnosed while I was in the service along with me having a higher BMI while in the service. I made a chart showing all the weight readings I had while in the service and from 7/1992 - 2/1995 my BMI averaged 29.9 over weight (30 BMI is considered obese). along with my buddy letters and my personal statement. In my opinion the rater never took any of my evidence into consideration.
Since I do not see mention of my IMO should I assume they never looked at it?
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